COMBS v. PORTER

No. 241.

58 S.E.2d 100 (1950)

231 N.C. 585

COMBS et al. v. PORTER et al.

Supreme Court of North Carolina.

March 22, 1950.


Attorney(s) appearing for the Case

W. H. McElwee, North Wilkesboro, for plaintiffs appellees.

Trivette, Holshouser & Mitchell, North Wilkesboro, and J. F. Jordan, Wilkesboro, or defendants.


DEVIN, Justice.

Plaintiffs' allegation of title was supported by the stipulation that C. C. Combs was, at the time of his death, the owner of the land in controversy, and by the further fact that plaintiffs are the only heirs at law of C. C. Combs, the ancestor last seized. On the other hand, the defendants staked their case entirely on the Sparks mortgage plus evidence of a foreclosure sale thereunder, and the recorded deed purporting to have been executed in 1930...

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